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Proposed changes to streamline development assessment in TOD Accelerated Precincts
The NSW Government recently identified 8 ‘Transport Oriented Development accelerated precincts’, being priority high growth areas for accelerated rezoning. Draft rezoning proposals are presently being publicly exhibited for 7 of the 8 precincts with rezoning expected to be finalised by…
ALERT – NSW Government announces significant amendments to biodiversity legislation to make NSW contribute to ‘nature positive’
The NSW Government has released its response to the statutory reviews of the Biodiversity Conservation Act 2016 (BC Act) and native vegetation provisions of the Local Land Services Act 2013 (LLS Act): the ‘NSW plan for nature’ (Response). Significant legislative…
Changes to strategic planning for bush fire – public exhibition of a Draft Bush Fire Prone Land Package
The Department of Planning, Housing and Infrastructure (DPHI) in partnership with the NSW Rural Fire Service (RFS), is publicly exhibiting a draft Bush Fire Prone Land Package (Draft Package). When finalised, the Draft Package would require consideration of new policy…
Integrated Development and the requirement in Planning for Bushfire Protection that Asset Protection Zones be maintained in perpetuity
Planning for Bushfire Protection 2019 (PBP) is often considered by consent authorities when dealing with development applications proposed on bush fire prone land, either by reason of section 4.14 of the Environmental Planning and Assessment Act 1979 (EPA Act) or when…
Vibrancy Reforms Bill Passed by Parliament
On 16 May 2024, the Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024 (Bill) was passed by NSW Parliament. The Bill is now awaiting assent and will commence on a date to be proclaimed. The Bill will insert a…
A Reminder from the LEC that there is no power to grant partial consent to a prohibited development
Section 4.16(4) of the Environmental Planning and Assessment Act 1979 (EPA Act) allows a consent authority to grant either total or partial consent to a development application, by granting development consent to either: the development for which the consent is sought,…
Release of the 5-year Review of the Biodiversity Assessment Method
The Minister for Environment has released the Biodiversity Assessment Method 5-year review report (Report). The Biodiversity Conservation Act 2016 (BC Act) requires a review as soon as possible, 5 years after the Biodiversity Assessment Method (BAM) was first established. The…
ALERT: Housing SEPP transitional provisions corrected to apply ADG to former SEPP65 pending DAs
The Government has amended State Environmental Planning Policy (Housing) 2021 (Housing SEPP) to correct an oversight which had meant that neither Chapter 4 of the Housing SEPP nor the former SEPP 65 applied to relevant residential apartment DAs made prior…
ALERT: NSW Parliamentary Inquiry into the ability of local government to fund infrastructure and services
The NSW Legislative Council’s Standing Committee on State Development recently announced an inquiry into the ability of local government to fund infrastructure and services. When announcing the inquiry, the Chair of the Committee, Emily Suvaal MLC, noted that: ‘Councils are…
ALERT: Bill Increasing Penalties for POEO Act Offences & Giving Additional Powers to EPA Passed by Parliament
On 21 March 2024, the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 (Bill) was passed by NSW Parliament without amendment. The Bill is now awaiting assent and will commence on a date to be proclaimed. The Minister for…
Inquiry into ‘Zombie Developments’ in NSW & Call for Submissions
Yesterday, the NSW Legislative Assembly Committee on Environment and Planning announced a call for submissions as part of the Committee’s inquiry into historical development consents in New South Wales (Inquiry). Historical development consents have recently been termed ‘zombie developments’ and…
Bill to Increase Penalties for POEO Act Offences & Give Additional Powers to the EPA Introduced into NSW Parliament
Yesterday, the NSW Government introduced the Environment Protection Legislation Amendment (Stronger Regulation and Penalties) Bill 2024 (Bill). The Bill proposes the most significant amendment to the Protection of the Environment Operations Act 1997 (POEO Act) since its commencement. The Bill is intended…
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